...Brief LAW/531 May 12, 2014 Learning Team ‘A’ Reflection: Week Four IRAC Brief The Michigan Court of Appeals heard a case that involved the legality of forcing employee’s “to pay union dues or fees just to keep their jobs, despite the fact they do not belong to the union nor sought the union's so-called representation” ("Workers Defend Free Choice For Workers Against Spurious Union Boss Legal Challenge", 2014). The court ruled in favor of Michigan’s Right to Work Law that states, employees are not required to pay Union dues. The court stated that “the state had the power to make union membership optional” (Livengood, 2014). In this brief, we will identify how the legal concept of Right to Work is applied to relieve employees of compulsory union fees in a managerial setting using the IRAC method. Issue – Are mandatory service fees payable to collective bargaining agencies constitutional for state civil service non-union employees? Rule – “Agency shop” policies enforcing compulsory union fees may force employees to go against their own principles [Ellis v (Brotherhood of Railway, Airline & Steamship Clerks, 466 US 435, 455; 104 S Ct 1883; 80 L Ed 2d 428 (1984)]. Prohibiting or forcing employees to support ideological beliefs and unions violates a person’s constitutional right in the eyes of the State of Michigan. Analysis – The Michigan Court of Appeals considered the limits of the law to avoid infringing on laws superseding the State (Federal laws). During the...
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...Managing Employee Relations Assignment Research Essay Is the work of Unions still relevant? A trade union, as defined in the History of Trade Unionism is ‘ a continuous association of wageearners for the purpose of maintaining or improving the conditions of their working lives’.(Webb and Webb, 1911) Unions exist on the basis that they protect the wages and conditions for employees, making sure that they're protected from unemployment by obtaining a substantial degree of job security as well as supporting employees in disputes and claims against their employers.(Murphy, 2014) The relevance of unions may vary from place to place. Using reasoning and statistical day, we will aim to achieve some sort of clarity towards the complexity and variety of opinions that people have on the need for trade unions. Importance of Trade Unions Unions not only negotiate wages, they also have an impact on fringe benefits, labour productivity,work allocation, job security and employee participation practices.(OECD, 1991) There is also a spillover effect, through extension of agreements and employer responses to union environment where some of these benefits alter the employment terms of non union members.(OECD, 1991) A substantial amount of protective legislation supporting unemployment compensation, sickness insurance, employment protection along with occupational health and safety, is the outcome of work by trade unions. History of Union Formation Succeeding guilds of the medieval era...
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...Course: Academic writing Semester: Fall 2014 Academic Paper EU EXPANSION: Accession of Turkey and its potential impact on the atmosphere within the EU Rauf Asadullayev Instructor: Christopher Weilage Munich, Germany, 2014 Table of contents 1.Introduction………………………………………….…………………………3 2. The Association agreement…………………………………………….……..4 3. The Ankara Agreement………………….…………………………………...6 4. Customs Union………………………………………………………………..7 5. Turkish government and the accession of Cyprus in the EU………………8 5.1 Turkey’s short term economic effect on the EU…………………………..9 5.2 Turkey’s territorial advantages for the EU……………………………….10 5.3 Religion and culture in Turkey…………………………………………….11 5.4 Food in Turkey and its safety- Security and the EU……...………………12 6. Impact of EU’s democratic standards to Turkey…………………………..13 7. Conclusion…………………………………………………………………….16 Index of Abbreviations BTC- Baku Tbilisi Ceyhan EEC- European Economic Community EU-European Union EC- European Council EP- European Parliament FAO- Food and agriculture organization SEES-Southeastern European states Introduction Europe - the cradle of human civilization, boiling pot full of many various nationalities, cultures and languages. Geographical borders within and outside of the Europe have changed every time when a new Empires began to flourish. Even now, in the 21st century borders of EU are not defined clearly. Should the Borders be...
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...Implications of the Ukrainian Crisis for Trade Relationships of the EU with Russia Economic Policies of the European Union Gartnar Marko | 19486522 | Marmai Martina | 19131311 | Mladenović Kosta | 19821606 | Executive Summary The aim of this research assignment is to provide an assessment of the effects on trade relationships between the EU and Russia stemming from the so-called “Ukrainian crisis.” The term points at the Russian military intervention in Ukraine, and the public response that this event generated. In particular, the analysis will regard the repercussions on Euro-Russian trade due to the Council’s diplomatic reply to the violent annexation of the Crimean peninsula by the Russian Federation. Since March 16th, when - with the unconditional support of Russia - the referendum for the independence of Crimea took place, the events in Ukraine escalated, giving rise to a number of restrictive provisions which, increasing in scope and gravity, aimed on one side to discourage military intervention by Russia, while on the other punished illegal misappropriation of Ukrainian public property. Such sanctions may not have played an important role, were it not for the current shaky state of the Russian economy. Nevertheless, that of sanctions is a two-sided sword, and the European Union, barely stepping on the road to recovery, can’t exactly afford being too picky when it comes to deciding who to do business with. The high level of interconnectedness and dependence...
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...Legal Status of Unions Legal Status of Unions The history of the American labor movement coincides with the development of labor unions in the United States, from the initial local craft unions like the Federal Society of Journeyman Cordwainers (shoemakers), to the formation of national unions such as the National Labor Union (NLU) and the Knights of Labor, creation of the American Federation of Labor (AFL), and the Congress of International Organizations (CIO), the merger of the AFL-CIO, and its breakup through the defection of the national unions that formed the Change to Win (CTW) coalition (Fossum, 2012, pp. 27-34, 53-54). Paralleling the union development was a series of national labor legislation: Railway Labor Act (1926), Norris-LaGuardia Act (1932) legitimizing collective bargaining, National Industrial Recovery Act (1933), ruled unconstitutional in 1935, National Labor Relations Act (Wagner Act, 1935) establishing the National Labor Relations Board (NLRB), Taft-Hartley Act (1947), and Landrum-Griffin Act (1959) (Fossum, 2012, pp. 63-75). This paper will examine this evolution of the legal status of American unions and what union activities were restricted by laws and courts; the major contributing causes to the failure of uplift unionism; advantages and disadvantages of a business union vs. labor political party approach; leading personalities contributing to the definition of labor relations in the United States; and the most effective union leaders during the...
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...The Industrial relations system is complex in nature. It has a number of key players who are very dynamic. These players also known as parties are commonly known as management (Employers), workers (Employees) and the state (Government). When these parties are properly organised in a collective manner, their power and capabilities will have consequential influences to the industrial relations system itself and even on to the society as a whole. This essay explains why the organised employers’ associations (the employer party) and trade unions (the employee party) are different and similar to some extent. The three distinguishing aspects between the two parties include their form of memberships, political linkages and their influence on the state and the setup of their objectives and functions. Two notable similarities on how the parties are organised in similar forms and the functions they perform will also be discussed. Firstly, the membership constituent of an employers association is different from that of a trade union. Looking at the definition of these parties would enlighten a better understanding on the membership of the organisations. In the course book, trade unions are defined generically as representative organisations of workers designed to protect and promote the collective employment interest of the workers. On the other hand, according to (Plowman, 1982) employers’ associations are “organisations consisting predominantly of employers whose activities include...
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...HIS/110 August 18th, 2014 Thomas Ward Civil War Shelby Foote’s passage means that the Civil War paved a path for the United States and what we have become. The events that occurred during the civil war proved that the United States would allow all men to be created equal. The Civil War shows the pain and suffering that some Americans went through to fight for freedom and what they thought was right. The Civil War was a major battle that helped push to the end of slavery. The Civil War brought the country together, we live as one country and not individual states. The Civil War is what made the United States into what it was. The Civil War made the United States into an indivisible nation with a sovereign national government. The Civil War also paved the way for all men to be created with an equal right to liberty. For the first time, the federal government started to tax a person's income. This came to light as an effort to pay for the cost of war. The federal government ended wildcat banking and consolidated the nation's money supply. The federal governments budget was also expanded to over one billion dollars (Schultz, 2014). Congress passed the Homestead Act in order to stimulate growth in the west. This Act offered 160 acres of free land to anyone including slaves to anyone that never took up arms against the federal government. The federal government also gave 100 million acres to the Union Pacific and Central Pacific railroad (Schultz, 2014). The Civil War paved...
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... Cost Club Scenario 3 University of Phoenix HRM-546 April 14, 2014 Cost Club Scenario 3 Introduction Every employee has fundamental rights in the workplace that include their right to privacy, fair compensation and free from discrimination. Even applicants have rights before they are hired as an employee. Some of those rights include discrimination that is based solely on a person’s race, gender, age, religion, national origin, or during the hiring process (FindLaw, 2014). Employee Privacy * Employees have the right to privacy with regards to their personal possessions * This includes their purses, handbags. Briefcases, lockers. * Employees have limited rights with respect to e-mail messages and internet usage while using Cost Clubs computer system * Employers do not have the right to conduct a credit checks or background checks on an employee or perspective employee without the express written permission of the employee (FindLaw, 2014). Employee Unions Under the National Labor Relations Act (NLRA), employers are forbidden from interfering in an employee’s right to organize, or to join or assist in a labor organization for collective bargaining purposes, or prohibit working together to improve terms and conditions of their place of employment. Union employer’s may not coerce their employees in exercising any of their rights such as (National Labor Relations Board, 2014): * It is illegal for an employer to threaten their employees with...
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...Court No. I & 2 FARIDKOT HOUSE Date: 24th July, 2014 TIME: 11.00 AM HON’BLE MR JUSTICE Swatanter Kumar CHAIRPERSON HON’BLE MR JUSTICE Melath Sasidharan Nambiar JUDICIAL MEMBER HON’BLE Dr. Devendra Kumar Agrawal EXPERT MEMBER HON’BLE Prof. A.R. Yousuf EXPERT MEMBER HON’BLE Dr. R.C. Trivedi EXPERT MEMBER S.No 1. Case No. Appeal No. 67/2013 (M.A No. 573/2013) Parties Counsel For Parties FOR PRONOUNCEMENT OF JUDGMENT Sunil Kumar Samanta Mr. Jayant K. Mehta, Adv. for Appellant Vs West Bengal PCB & Ors. Remarks Mr. Amit Agrawal, Adv. for R – 1 to 5 Mr. Bikas Kar Gupta, Adv. for R - 6 Date: 24th July, 2014 TIME: After the above Bench HON’BLE MR JUSTICE Swatanter Kumar CHAIRPERSON HON’BLE MR JUSTICE Melath Sasidharan Nambiar JUDICIAL MEMBER HON’BLE Prof. A.R. Yousuf EXPERT MEMBER HON’BLE MR Bikram Singh Sajwan EXPERT MEMBER HON’BLE Mr. Ranjan Chatterjee EXPERT MEMBER S.No 1. Case No. Original Application No. 305/2013 Parties Counsel For Parties AFTER NOTICE Balam Singh Rawat Mr. S.K. Bhattacharya, Adv. for Applicant Vs Govt. of NCT of Delhi & Ors. Mr. Biraja Mahapatra, Adv. for R – 1 & 2 Mr. Rajkumar, Adv. for R – 3 Mr. Vikas Malhotra, Adv. for R – 4 Mr. Arun Kumar Sharma, Adv. for R – 5 Mr. B.V. Niren, Adv. for R – 6 Mr. Sunil Goel, Adv. for R – 7 Mr. Navneet Panwar, Adv. for R – 8 Mr. Narender Hooda, Sr. Adv. along with Mr. Vineet Malik, Adv. for State of Haryana Remarks 2. Original Application No. 135/2014 (M.A No. 423/2014) Akshay Dan, Chairman, Bhadresh Gram Sewa Shakari...
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...Pros and Cons of Unions Today GB 541: Employment Law Unit 6: Research Paper Assignment (Final) June 12, 2014 Prof. K. Rauch Unions in America Currently, there is are over 60 unions representing over 14 million workers throughout the country. A labor union is defined as an organization intended to represent the collective interests of workers in negotiations with employers over wages, hours and working conditions. Labor unions are often industry-specific and tend to be more common in manufacturing, mining, construction, transportation and the public sector (Labor Unions, 2014). Congress enacted the National Labor Relations Act ("NLRA") in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy (National Labor Relations Act, 2014). Labor union s are mostly associated with Democratic Party and supports them during election. When unions are powerful, they boost the incomes of not only their members but also of nonunion workers in their sector or region. Labor unions strive to improve the lives of all working families by bringing economic justice to the workplace and social justice to our nation. Also, it is important because most corporations focus on creating profits at the expense of employees. History Unions are very prevalent in the United States presently and has a long history...
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...World War II Research Report The Soviet Union Danny Buck History 114 Dr. Murphy November 24, 2014 World War II Research Report The Soviet Union Totalitarianism came about in Russia during the time of Stalin. Before doing research I had thought that it would have started with Lenin, but it did not. “Why did Russia, in its enlarged incarnation as the Soviet Union under Stalin, become one of the three most repressive and brutal totalitarian states of the 20th century (the other two being Nazi Germany and China under Mao)? The urge to modernize rapidly is often put forward to explain the character of the Soviet Union. But what equally needs to be explained is the very backwardness that created such an urge. And the Russian intelligentsia had long been preoccupied both with modernization and resistance to it.” (Hollander, 2006). It was a brutal way of life where the people existed to serve the state. The Rise of Totalitarianism In the late 1910’s the czar was over thrown and he and his family were murdered. Lenin came to power and communism took over the country, but it was not totally repressive until Stalin came into power. Stalin’s goal was to modernize the Soviet Union. He wanted to industrialize the Soviet Union and increase the production of products. He thought that if he could make the Soviet Union a manufacturing giant that it could be a super power. He also wanted to maintain complete and absolute control and to not allow any interference from anyone...
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...Removing trade barriers comes with costs and benefits, depending on the degree of integration and the level of cooperation between member regions. Integration is believed to lead to lower prices for consumers and producers, thus causing the volume of trade to increase. However for nations outside integration agreements, barriers to trade can be created, as they may not be able to compete with preferred trading partners. When economies are strong, integration has benefits for all the members and each union can experience certain economic growth. The same holds true of economic downturns, if one member of a trade agreement begins to fall, their economic problems may spread. Growing nations are usually particularly eager to engage in economic integration as trade with foreign nations can contribute to rapid economic growth attracting foreign trade and investments. There are various types of economic integration; preferential trade agreements, free trade areas, custom unions, and common markets along with economic and...
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...defined by the Business Dictionary as being part of the national economy and provides goods and services that cannot otherwise be provided by the private sector (Business Dictionary, 2014). Examples of these goods and services range from the procurement of electricity, to cleaning services, and water management to name a few. The public sector's main focus is that of service delivery (The Student Room, 2014). Due to human induced climate change many governments have requested their public sectors to change and optimize their supply chains to cater for green purchasing. As a result of this the majority of the European Union have effectively found ways to reduce the overall effect of their purchasing activities (European Union, 2010, page 1 paragraph 1). The procurement of public goods and services in the EU is done through the life cycle approach (European Union, 2010, page 3 paragraph 1). The life cycle approach that is used by the member countries of the European Union has 5 steps (Europa, 2014), the fifth step that has been added in recently deals with all the externalities that can occur while performing the assessment. In the United States, the Environmental Protection Agency (EPA) use the more traditional four step approach to evaluate the life cycle of the goods and services to be procured (EPA, 2014). And in South Africa there is a nine step evaluation method on how procurement of public goods and services should be done sustainably (Sustainable Energy for Environmental & Development...
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...Union Budget 2014-15 10th July, 2014 Union Budget 2014-15 Budget 2014-15 Holistic Plan of Action In comparison to the less than ordinary and unimaginative budgetary proposals of yester years, Modi’s maiden budget comes as a welcome change from the norm. The proposals and reforms suggested in the Union Budget 2014-15 are ground breaking, specific with a good measure of thought & common sense and vastly catered for holistic growth of the economy. The challenging circumstances of a slowing economy, soaring energy prices, inflation, fiscal and current account deficits do not provide adequate leeway to maneuver and hit the path of high growth. Yet the Budget provides a comprehensive plan and directional footprint towards overcoming these hurdles to sustainable growth of 7-8% over the next few years along with providing macro economic stability, lowered inflation, realistic fiscal health targeting and a manageable current account deficit. Country is in no mood to suffer unemployment & apathetic governance 10th July, 2014 Union Budget 2014-15 Budget 2014-15 Holistic Plan of Action The Finance Minister while presenting the budget takes cognizance of the fact that decisive action to fuel growth without populism is the need of the hour. And that resources for developmental expenditure cannot be raised at the cost of burdening the future generations with the legacy of debt. He goes on to emphasize the need to mobilize resources through both tax and non-tax...
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... or the Confederate, wanted to exercise their rights as states and split from the north. Well Abraham Lincoln thought that would be the downfall of the United States. The Civil War was fought to between the Union and the Confederacy on the issue of splitting up the United States. The country was divided between two philosophies, either they thought the country could only survive and prosper as a whole, or they believed the south had the right to split from the union. The country was divided between two different philosophies. The North believed if the South seceded from the North the country would crumble. While the South believed they had the right as states to separate themselves from the Union. (Malvasi) Abraham Lincoln was the head of the Unions thinking. He had a great sense of political knowledge. He realized if the south did secede the Union wouldn’t stand a chance against attack because half of the country essentially would have been gone. Lincoln originally had no plans of abolishing slavery all his focus was on keeping the country together in one strong unit. (Malvasi) The South on the other hand felt they had been mistreated by the Union and were being taken advantage of. Soon the idea of secession came around and South Carolina was the first to make the threat. They were quickly followed by states like Georgia and Mississippi. They were in fact threatening to leave because they believed the Union wanted to abolish slavery. They thought the plan was to do so by ...
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